[2023] KEHC 23496 (KLR)
The court determined that since the deceased, beneficiaries, and nearly all estate properties are located in Busia County, and given that all parties are in Busia, it is in the interest of justice to transfer the file to the Busia High Court for final determination. The court also considered that the petitioners are...
Source-derived case information.
- Citation
- [2023] KEHC 23496 (KLR)
- Parties
- Applicant: Richard Okoth Mangala; Respondent: Grace Rael Mangala; Respondent: Unner Nambala Wafula
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E143 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Transfer of Succession Matter
- Outcome
- Matter transferred to Busia High Court; Kisumu High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Suit, Confirmation of Grant, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Okoth Mangala
Applicant
Grace Rael Mangala
Respondent
Unner Nambala Wafula
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Succession Matter
Legal Issues
- 1 Whether the succession cause should be transferred from Kisumu High Court to Busia High Court for final determination.
- 2 Whether the interests of justice require the matter to be heard in Busia where the parties and properties are located.
Ratio Decidendi
The court determined that since the deceased, beneficiaries, and nearly all estate properties are located in Busia County, and given that all parties are in Busia, it is in the interest of justice to transfer the file to the Busia High Court for final determination. The court also considered that the petitioners are unrepresented and that the Busia High Court is the appropriate forum for resolving any pending issues related to the estate. Accordingly, the matter, together with the related Kisumu High Court Succession Cause No. 39 of 2006, was ordered to be transmitted to Busia High Court.
Court Disposition
Matter transferred to Busia High Court; Kisumu High Court file closed.
Orders
- This matter together with Kisumu High Court Succession Cause No. 39 of 2006 shall be transmitted forthwith to Busia High Court for consideration and final determination.
- The Deputy Registrar, Busia High Court, will notify the Petitioners and Objector’s counsel to appear before the Hon. Judge for directions on 1st November 2023.
Full Case Text
Judgment text and source record
26 paragraphs
Mangala v Mangala & another (Miscellaneous Civil Application E143 of 2023) [2023] KEHC 23496 (KLR) (12 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23496 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E143 of 2023
RE Aburili, J
October 12, 2023
IN THE MATTER OF AN APPLICATION FOR REGISTRATION OF THE ORIGINAL FILE IN KISUMU HC. SUCC. CAUSE NO. 30 OF 2006 AND IN THE MATTER OF AN APPLICATION FOR INTERPRETATION AND/OR AMENDMENT OF CERTIFICATE OF CONFIRMATION OF GRANT AND IN THE MATTER OF AN APPLICATION TO COMPEL THE EXECUTORS TO COMPLETE ADMINISTRATION OF THE DECEASED ESTATE AND TO GIVE FULL AND ACCURATE ACCOUNTS AND IN THE MATTER OF AN APPLICATION FOR REVOCATION AND/OR ANNULMENT OF GRANT
Between
Richard Okoth Mangala
Applicant
and
Grace Rael Mangala
1st Respondent
Unner Nambala Wafula
2nd Respondent
Ruling
1. The original Succession file is Kisumu HC Succession Cause No. 39 of 2006 which has been availed to this file.
2. From the pleadings and certificate of confirmation of grant which is sought to be rectified, the deceased and the beneficiaries are domiciled in Busia County and all the properties of the estate other than only one property, are situate within Busia County.
3. The Applicant also cites Busia Chief Magistrate Succession Cause No. 262 of 2021 which was allegedly undertaken secretly.
4. In my view, it is in the interest of justice that this file be transferred to Busia High Court for final determination of any issues pending as all parties are in Busia including the Petitioners who are unrepresented.
5. Accordingly, this matte together with Kisumu High Court Succession Cause No. 39 of 2006 shall be transmitted forthwith to Busia High Court for consideration and final determination.
6. The Deputy Registrar, Busia High Court will then notify the Petitioners who are in persons and the Objector’s counsel to appear before the Hon. Judge for directions on 1st November 2023.
7. The interim orders issued on 13th September 2023 remain in force until 1st November 2023.
8. This file and Succession Cause No. 39 of 2006 are therefore closed from Kisumu High Court. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE